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2025 Supreme(Online)(Del) 47024

IN THE HIGH COURT OF DELHI AT NEW DELHI
JOY CREATORS LLP VS. INDUS HEALTH CARE
CS(COMM) 1389/2025



$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1389/2025 CHRISTIAN LOUBOUTIN SAS & ANR. .....Plaintiffs Through: Mr. Dhruv Anand, Ms. Nimrat Singh, Mr. Dhananjay Khanna and Ms.

Bhavya Verma, Advocates.

versus KRISHNA ALIAS TINKU & ANR. .....Defendants Through:

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 22.12.2025 I.A. 32292/2025(Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. 32289/2025(for seeking discovery, production & inspection of the Defendants’ documents)

3. This Application has been filed by the Plaintiffs under Order XI Rules 1, 3 and 5 of the Code of Civil Procedure, 1908 (“CPC”) as amended by the Commercial Courts Act, 2015 (“CC Act”) read with Section 151 of CPC, seeking discovery, production and inspection of the Defendants’ documents. 4. Issue Notice. Notice be served through all permissible modes upon filing of the Process Fees.

5. Let the Reply to the Application be filed within a period of four weeks from date. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

6. List before the Joint Registrar on 25.02.2026 for completion of service and pleadings.

7. List before this Court on 21.04.2026.

I.A. 32293/2025(Extension of time to file Court Fees)

8. The present Application has been filed by the Plaintiffs under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.

9. Considering the submissions made in the present Application, time of two weeks is granted to deposit the Court Fees.

10. The Application stands disposed of.

I.A. 32294/2025(Exemption from pre-institution Mediation)

11. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.

12. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi 2023 SCC OnLine SC 1382, exemption from the requirement of pre-

institution Mediation is granted.

13. The Application stands disposed of.

I.A. 32295/2025(Exemption from advance service to the Defendants)

14. This is an Application filed by the Plaintiffs under Section 151 of the CPC, seeking exemption from advance service to the Defendants.

15. Mr. Dhruv Anand, the learned Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark. 16. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendants is granted.

17. The Application is disposed of.

I.A. 32296/2025(Extension of time for filing the Certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023)

18. The present is an Application filed by the Plaintiffs under Section 151 of the CPC seeking exemption from filing the requisite Certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023.

19. The Plaintiffs shall file the relevant Certificate within a period of four weeks.

20. Accordingly, the Application is allowed in the aforesaid terms.

CS(COMM) 1389/2025

21. Let the Plaint be registered as a Suit.

22. Issue Summons. Let the Summons be served to the Defendants through all permissible modes upon filing of the Process Fee.

23. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.

24. Liberty is granted to the Plaintiffs to file Replication(s), if any, within 30 days from the receipt of the Written St

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